3 allege clergy abuse, cover-up

Originally published September 21, 2005

Three men who say they were sexually assaulted decades ago by a priest of the Archdiocese of Philadelphia filed lawsuits yesterday against the archdiocese, alleging its leaders concealed his crimes from authorities and parishes, allowing him to abuse other children.

Their attorney, Jay Abramowitch of Berks County, said there is such strong evidence of a cover-up in alleged incidents involving the former Rev. James J. Brzyski that the Pennsylvania Supreme Court might set aside the statute of limitations that typically bars such suits.

In briefs filed with Philadelphia Common Pleas Court, Abramowitch cited remarks by the Rev. James Gigliotti, a Franciscan priest who once served in the Philadelphia Archdiocese.

Gigliotti, who now serves in Texas, told The Inquirer last month that in the early 1980s he warned an archdiocesan official that Brzyski appeared to be abusing altar boys in his parish. He said the official told him: "Keep your mouth shut. "

"This comes from the highest authority," Gigliotti said an assistant chancellor told him.

Ten men have publicly alleged that Brzyski , now 54, sexually assaulted them as children - allegations that, if true, would make him one of the worst sex offenders who served in the Philadelphia Archdiocese. He is one of more than 50 priests named in a forthcoming grand jury report on sex abuse within the archdiocese.

The archdiocese did not a return a call yesterday seeking comment.

Brzyski , who now lives in Chesapeake, Va., was not available.

The three plaintiffs - Gerard Argeros, 34, of New York; Joseph E. Lehman Jr., 37, of Yardley; and John Delaney, 33, of Philadelphia - allege Brzyski assaulted them beginning when they were about 11 years old and serving as altar boys.

Two say Brzyski raped them and forced them to engage in oral sex; one says he was fondled and subjected to simulated intercourse. The earliest incident was in 1978, according to the complaints, and the last in 1984.

Abramowitch said the statute of limitations should not apply. "We say the archdiocese can't hide behind statute if it intentionally misleads children and parents - especially if the perpetrator abuses other children," he said.

Under state law, children sexually abused prior to 1982 had only two years in which to file charges against their assailants. The state legislature later extended the reporting age to 30, but the statute still bars virtually all previous victims from suing their abusers.

During the last 18 months, however, Abramowitch and a colleague, attorney Richard Serbin of Altoona, have sought with mixed success to win a right for abuse victims to sue Pennsylvania dioceses based on a principle of "fraudulent concealment. "

Their argument is that when a diocese willfully interferes with the timely reporting of clergy sex abuse, its concealment pauses the running of the statute of limitations. Several Courts of Common Pleas have agreed, but in March, Superior Court unanimously rejected the argument.

The implications of Gigliotti's remarks "can't be overstated," according to Abramowitch, since "this gives us direct evidence of a cover-up. "

He said he did not know whether the Supreme Court would agree to hear his and Serbin's fraudulent-concealment argument. If it allows such suits to proceed, it could expose religious and other institutions to costly monetary settlements.

Brzyski , who has been removed from the ministry, was one of seven priests of the Philadelphia Archdiocese who were laicized, or stripped of priestly status, in June.

Contact staff writer David O'Reilly at 215-854-5723 or doreilly@phillynews.com.